Requirement for Foreign Employees to Work
There is no restriction regarding the employment of foreigners in Argentina. Requirements differ if the employee´s nationality is from a country of Mercosur or affiliated to Mercosur (Uruguay, Paraguay, Brazil, Argentina, Colombia, Chile, Venezuela, Ecuador, Bolivia and Perú) or other countries. Employees who are not nationals of a country member of the Mercosur, or affiliated to Mercosur, are required to obtain a working visa to work under an employment relationship in Argentina. Employers must first register before a registry of employers that hires foreigners. In order to obtain a working visa, the employee should be registered as an employee of a local company in Argentina. All foreigners have to file a criminal records certificate, dully legalised from the country or countries where they have been living for the last 3 years, as well as from Argentina.
Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee?
A foreign employer needs to establish a local entity to hire an employee, in order to register the employee before the local tax authorities and pay local taxes and social security obligations.
Limitations on Background Checks
In Argentina, an employer cannot perform a criminal background check on an employee, either directly by the employer or by the use of a vendor. Only the employee can obtain the criminal background and then provide it to the employer. This is established in section 8 subsection (f) of the Criminal Records Register Act (Law No. 22,117) which states that the Criminal Records Registry will be confidential and may only provide reports to individuals who, by demonstrating the existence of a legitimate interest, request a criminal certification. Moreover, the Regulatory Decree No. 2004, states that the certificate must be requested by the interested party personally or through his legal representative. In addition, the Argentine Data Protection Act establishes that personal data referring to criminal records can be processed only by the competent public authorities.
Restrictions on Application/Interview Questions
Employers cannot include restrictions on applications that may entail any discrimination, such as gender, age, political or religious beliefs and/or marital status. Potential employees are not obliged to provide background information due to the fact that it is considered personal private information. The employer is obligated to conduct pre-employment medical examinations to determine if the employee is fit to work and to determine any prior health conditions at the beginning of the labour relationship.